Amit Kumar Srivastava @ Langa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29090 of 2021 Arising Out of PS. Case No.-378 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== AMIT KUMAR SRIVASTAVA @ LANGA S/o Ranjan Srivastava R/o village- Nai Bazar, Ward No.- 4, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Mr. Rajeev Ranjan, learned counsel for the petitioner and Mr. Uday Chand Prasad, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Buxar (M) P.S. Case No. 378 of 2020 registered for the offences punishable under Sections 25(1b) a, 26 and 35 of the Arms Act. The Police on the basis of secret information proceeded towards the place of occurrence and upon seeing the Police Party the accused persons assembled there, started fleeing away. However, the Police arrested the petitioner and two other persons from the place of occurrence and recovered one loaded pistol and a mobile phone from possession of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29090 of 2021(2) dt.06-12-2021 2/3 petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. Learned counsel further submits that procedure regarding search has not been followed at the time of alleged seizure of firearms from possession of the petitioner. He also submits that the petitioner is in custody since 8.12.2020 and charge sheet has already been submitted in the matter.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 8.12.2020, the charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar (M) P.S. Case No. 378 of 2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

Patna High Court CR. MISC. No.29090 of 2021(2) dt.06-12-2021 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T